Terms of Use

Acceptance of Terms

Aboveandbeyondexhibition.com is owned by Evergreen Exhibitions, Ltd. By using the aboveandbeyondexhibition.com (AAB) Internet website, you indicate your unconditional acceptance of the following terms and conditions of use (“Terms of Use”). Please read them carefully, as they may have changed since your last visit. These Terms of Use apply to all users of the AAB website, including users who are also contributors of video content, information or other materials or services on the website, and apply to all AAB online features and services, unless otherwise indicated. Please visit us frequently, browse our pages, download documents and post information, subject to these Terms of Use.

Scope of Service

Evergreen Exhibitions, Ltd. (Evergreen) maintains this website as a service to the user community that visits this website subject to these Terms of Use. The term “website” includes all features and services available on AAB, including our online discussion forums, bulletin boards and interactive programs. Users of this website (“you”) are responsible for obtaining any equipment and Internet service necessary to access our website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this website is the property of Evergreen and/or its affiliates or licensors, and is protected under applicable copyright, trademark and other intellectual property laws. The term “Content” means all information, data, links, software, text, scripts, graphics, photos, images, sounds, music, videos, interactive features or other material accessible through the website, whether created by us or provided by another person for display on the website.

Any Content, including, but not limited to, video uploads, textual comments, suggestions, ideas, graphics, photos, sounds, or other submissions, communicated to Evergreen by you through this website is the exclusive property of Evergreen. Evergreen is entitled to use any Content submitted for any purpose, without restriction (except as stated in Evergreen’s Privacy Policy) or compensation to the person sending the submission, including, but not limited to, its reproduction, redistribution, adaptation, modification, public performance or display in any format and through any venue.

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this website subject to these Terms of Use. Evergreen reserves all rights not expressly granted under these Terms of Use in and to this website and any Content.

Website Content

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to any Content on this website, including, but not limited to, descriptions or specifications of programs, exhibits, shows, products or services, without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website, subject to the following conditions:

The Content may be used solely for internal informational purposes. No part of this website or its Content may be downloaded, copied, reproduced, recorded, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited, in any form, by any means, electronic or mechanical, for any other purpose.

The Content and the website may not be modified or altered in any manner.

Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any Content displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this website.

Content Submitted by Users

You may use this website without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a feature or service on this website, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our website, such as through an online discussion forum, bulletin board or interactive program. We do not prescreen information posted by users for such public display. With respect to any such online venues for public display of Content, we act as a passive conduit for such display and distribution and are not responsible for any Content posted to such online venues. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of this website are those of the respective author(s) or distributor(s) and not of Evergreen. We neither endorse nor guarantee the legality, accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights of another person or entity, or any other harm resulting from your uploading, posting or submission of Content to this website.

We have the right, but not the obligation, to monitor Content submitted to our website, to determine compliance with these Terms of Service and any other applicable laws or rules. We have the right in our sole discretion to edit or remove any Content uploaded, submitted or posted to this website. Without limiting the foregoing, we have the right to remove any Content that Evergreen, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and/or to terminate your access to this website. You are solely responsible for the Content that you post to this website and for the manner of your use of this website and any Content on this website.

[Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Evergreen, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.]

Prohibited Conduct

By accessing our website or any feature or service provided through our website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our website or any feature or service provided through our website to:

Use a name or language that Evergreen, in its sole discretion, deems offensive.

Post hateful or racially or ethnically objectionable Content, as determined by Evergreen in its sole discretion.

Post Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of another person or entity.

Unlawfully sell or promote products or services.

Post any unsolicited advertising, promotional materials, or any other forms of solicitation, including, but not limited to, solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests.

Harass, threaten or intentionally embarrass or cause distress to another person or entity.

Impersonate another person, including, but not limited to, an Evergreen official, expert or bulletin board leader, guide or host.

Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

Obtain unauthorized access to any computer system or data through the website.

Invade the privacy of any person, including, but not limited to, posting or disclosing personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age).

Solicit personal information from children under 18 years of age.

Violate any federal, state, local, or international law or regulation.

Engage in or otherwise encourage conduct that would constitute a criminal or civil offense.

These are some, though not all, of the activities that may result in removal of Content which you post to this website and/or the termination of your access to this website.

Children

[This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 18. We do not knowingly solicit personal information regarding children under age 18.]

User Accounts

In order to access some features of this website, you may be required to create a user account, including establishing a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You are prohibited from using another person’s account without permission. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

Indemnification

By using this website, you agree to indemnify, hold harmless and defend Evergreen from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this website.

Copyright Infringement; Notice and Take Down Procedures.

If you believe that any materials on this website infringe your copyright, you may request that they be removed under the Digital Millennium Copyright Act of 1998 by contacting Evergreen’s copyright agent (contact information below). This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information (see 17 U.S.C. 512(c)(3) for further details): (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location (e.g., URL) of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and (if available) email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.

To contact our agent for copyright issues relating to this website, email your request to info@evergreenexhibitons.com, or call 210-599-0045.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this website who are repeat infringers.

Disclaimer of Warranty

ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Evergreen DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS CORRECT, ACCURATE, COMPLETE OR FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Under no circumstances will we be liable for any loss or damage caused by your reliance on any Content on this website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through this website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.

It is your responsibility to ascertain whether any Content downloaded from this website is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

IN NO EVENT SHALL EVERGREEN BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links to Third-Party Websites

This website may contain links to non-Evergreen websites that are provided to you as a convenience. Any outside website accessed from our website is independent from Evergreen, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-Evergreen websites.

No Implied Endorsements

In no event shall any reference in this website to any third party or third party product or service be construed as an approval or endorsement by Evergreen of that third party or of any product or service provided by a third party. Likewise, a link to any non-Evergreen website does not imply that we endorse or accept any responsibility for the content or use of such a website. Evergreen does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Jurisdictional Issues

Evergreen makes no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

We may terminate any user’s access to our website, including, but not limited to, access to any online discussion forum, bulletin board or interactive program, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website.

Enforcement

These Terms of Use are governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in the English language in San Antonio, Texas, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Texas. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Evergreen shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the State of Texas or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Evergreen may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

For Additional Information

If you have any questions about the rights and restrictions above, please contact: info@evergreenexhibitions.com